Monday, March 11, 2013

Kenyans Voted. To Midwife the Rebirth of Kenya's Institutions 50 Years After Independence, Let The Supreme Court Decide!

Kenyans brave long queues and heat to vote on March 4th 2013 general election.Photo credit: Edwin Kiama

I did not vote for either Uhuru Kenyatta nor Raila Odinga. I have been a harsh critic of both in the past, and I will continue to be if any of them goofs in the future.

It does not matter to me which one of them won or lost. I know for a fact that Jubilee Coalition had also prepared to petition the result similarly had Raila won. Jubilee lawyers were also on standby.

One major positive I have taken from this is that Kenyans did not loot, burn, rape, kill, maim or displace fellow Kenyans as was the case in 2007. The aggrieved instead have gone to court, the very reason we have courts...to arbitrate grievances. I must admit though that the relative fragile peace was as result of the unity of convenience between Uhuru Kenyatta and William Ruto, and their respective ethnic communities before, during and after the elections. Though we are well aware the unity is out of necessity given the charges facing them at the ICC, it's something we can build on! The issues that caused 2007 PEV still remain, a number of Kenyans remain in IDP camps and there has been no credible effort to ensure justice for those affected. That said, we displayed some level maturity.

In the coming court process I see an opportunity for all KENYANS to win, not just Jubilee or CORD. All Kenyans, including those like me who Voted Musalia, PK, Dida, MK, JoK or Muite. It's not the time for one side or the other to gloat or mourn. It's time to put our democracy and new institutions through the test of fire.

Manual verification of voter ID during the March 4th 2013 Kenya general election.Photo credit: Edwin Kiama

We are presented with an opportunity to audit several things using our new Constitution;

1. Procurement procedures in the Government of Kenya (BVR and other equipment)

2. The integrity of our electoral process (registration of voters, voter identification at the polling stations, tallying of results at the grass-roots and the national level, transmission of results, presentation of final tally to Kenyans).

3. The integrity of IEBC and IEBC staff.

4. The integrity of the Civil Service and security services (NIS, Police and eg. did the executive interfere through County commissioners?)

5. Integrity, fairness and freedom of press (was there a conspiracy of silence and mass conditioning all in the name of 'peace'?)

and finally...

6. The progress in reforming our Judiciary. How credible, judicious, independent and just will the Supreme Court ruling be, regardless of whom it favours? Or will it be agony for us all as in the past? Do we have an honest referee we can all depend on to settle even lesser disputes in our Judiciary? A referee that all 'Wanjikus' (common Kenyans) can depend on? Time to put that question to bed.

Dear compatriots, I say let's seize the opportunity for ALL Kenyans, for the sake of our past, present and future generations.

Let the courts inspire and midwife the rebirth of our nation this 50th year. Over to you Hon. Chief Justice Dr. Willie Mutunga and your team.